Before Commissioners: Willie L. Phillips, Acting Chairman, James P. Danly, Allison Clements, and Mark C. Christie; Electric Quarterly Reports; Grand Energy, LLC, Icon Energy LLC; Order on Intent To Revoke Market-Based Rate Authority, 59894-59895 [2023-18742]

Download as PDF 59894 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices to the following requirements: (1) all persons must wear sturdy, closed-toe shoes or boots; (2) persons with opentoed shoes/sandals/flip flops/high heels, etc. will not be allowed on the environmental site review; (3) persons must be 18 years or older, or be accompanied by an adult; (4) no photography will be allowed inside the powerhouse; (5) no weapons are allowed on-site; (6) no alcohol/drugs are allowed on-site (or persons exhibiting the effects thereof); and (7) no animals (except for service animals) are allowed on the environmental site review. Objectives At the scoping meetings, Commission staff will: (1) summarize the environmental issues tentatively identified for analysis in the NEPA document; (2) solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue; (3) encourage statements from experts and the public on issues that should be analyzed in the NEPA document, including viewpoints in opposition to, or in support of, the staff’s preliminary views; (4) determine the resource issues to be addressed in the NEPA document; and (5) identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis. Procedures The meetings will be recorded by a court reporter and become part of the Commission’s formal record on the project. Agencies, Native American Tribes, NGOs, and individuals with environmental expertise and concerns are encouraged to attend the meetings and to assist the staff in defining and clarifying the issues to be addressed in the NEPA document. Dated: August 24, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–18751 Filed 8–29–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 6717–01–P VerDate Sep<11>2014 17:31 Aug 29, 2023 Jkt 259001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER02–2001–020, ER20–2726– 001, ER20–2694–000] Before Commissioners: Willie L. Phillips, Acting Chairman, James P. Danly, Allison Clements, and Mark C. Christie; Electric Quarterly Reports; Grand Energy, LLC, Icon Energy LLC; Order on Intent To Revoke MarketBased Rate Authority 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 18 CFR part 35 (2022), require, among other things, that all rates, terms, and conditions for jurisdictional services be filed with the Commission. In Order No. 2001, the Commission revised its public utility filing requirements and established a requirement for public utilities, including power marketers, to file Electric Quarterly Reports.1 2. The Commission requires sellers with market-based rate authorization to file Electric Quarterly Reports summarizing contractual and transaction information related to their market-based power sales as a condition for retaining that authorization.2 Commission staff’s review of the Electric Quarterly Reports indicates that the following two public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: Grand Energy, LLC and Icon 1 Revised Pub. Util. Filing Requirements, Order No. 2001, 99 FERC ¶ 61,107, reh’g denied, Order No. 2001–A, 100 FERC ¶ 61,074, reh’g denied, Order No. 2001–B, 100 FERC ¶ 61,342, order directing filing, Order No. 2001–C, 101 FERC ¶ 61,314 (2002), order directing filing, Order No. 2001–D, 102 FERC ¶ 61,334, order refining filing requirements, Order No. 2001–E, 105 FERC ¶ 61,352 (2003), order on clarification, Order No. 2001–F, 106 FERC ¶ 61,060 (2004), order revising filing requirements, Order No. 2001–G, 120 FERC ¶ 61,270, order on reh’g and clarification, Order No. 2001–H, 121 FERC ¶ 61,289 (2007), order revising filing requirements, Order No. 2001–I, 125 FERC ¶ 61,003 ¶ 31,282 (2008). See also Filing Requirements for Elec. Util. Serv. Agreements, 155 FERC ¶ 61,280, order on reh’g and clarification, 157 FERC ¶ 61,180 (2016) (clarifying Electric Quarterly Reports reporting requirements and updating Data Dictionary). 2 See Refinements to Policies & Procedures for Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 816, 153 FERC ¶ 61,065 (2015), order on reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016); Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ¶ 61,295, clarified, 121 FERC ¶ 61,260 (2007), order on reh’g, Order No. 697–A, 123 FERC ¶ 61,055, clarified, 124 FERC ¶ 61,055, order on reh’g, Order No. 697–B, 125 FERC ¶ 61,326 (2008), order on reh’g, Order No. 697–C, 127 FERC ¶ 61,284 (2009), order on reh’g, Order No. 697–D, 130 FERC ¶ 61,206 (2010), aff’d sub nom. Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011). PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Energy LLC. This order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission’s requirements within 15 days of the date of issuance of this order. 3. In Order No. 2001, the Commission stated that, [i]f a public utility fails to file a[n] Electric Quarterly Report (without an appropriate request for extension), or fails to report an agreement in a report, that public utility may forfeit its market-based rate authority and may be required to file a new application for market-based rate authority if it wishes to resume making sales at market-based rates.3 4. The Commission further stated that, [o]nce this rule becomes effective, the requirement to comply with this rule will supersede the conditions in public utilities’ market-based rate authorizations, and failure to comply with the requirements of this rule will subject public utilities to the same consequences they would face for not satisfying the conditions in their rate authorizations, including possible revocation of their authority to make wholesale power sales at market-based rates.4 5. Pursuant to these requirements, the Commission has revoked the marketbased rate tariffs of market-based rate sellers that failed to submit their Electric Quarterly Reports.5 6. Sellers must file Electric Quarterly Reports consistent with the procedures set forth in Order Nos. 2001, 768,6 and 770.7 The exact filing dates for Electric Quarterly Reports are prescribed in 18 CFR 35.10b. As noted above, Commission staff’s review of the Electric Quarterly Reports for the period up to the first quarter of 2023 identified two public utilities with market-based rate authorization that failed to file Electric Quarterly Reports. Commission staff contacted or attempted to contact these entities to remind them of their regulatory obligations. Despite these reminders, the public utilities listed in the caption of this order have not met these obligations. Accordingly, this order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission’s requirements 3 Order No. 2001, 99 FERC ¶ 61,107 at P 222. P 223. 5 See, e.g., Electric Quarterly Reps., 82 FR 60,976 (Dec. 26, 2017); Electric Quarterly Reps., 80 FR 58,243 (Sep. 28, 2015); Electric Quarterly Reps., 79 FR 65,651 (Nov. 5, 2014). 6 Electricity Mkt. Transparency Provisions of Section 220 of the Federal Power Act, Order No. 768, 140 FERC ¶ 61,232 (2012), order on reh’g, Order No. 768–A, 143 FERC ¶ 61,054 (2013), order on reh’g, Order No. 768–B, 150 FERC ¶ 61,075 (2015). 7 Revisions to Elec. Quarterly Rep. Filing Process, Order No. 770, 141 FERC ¶ 61,120 (2012). 4 Id. E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices within 15 days of the issuance of this order. 7. In the event that any of the abovecaptioned market-based rate sellers have already filed its Electric Quarterly Reports in compliance with the Commission’s requirements, its inclusion herein is inadvertent. Such market-based rate seller is directed, within 15 days of the date of issuance of this order, to make a filing with the Commission identifying itself and providing details about its prior filings that establish that it complied with the Commission’s Electric Quarterly Report filing requirements. 8. If any of the above-captioned market-based rate sellers do not wish to continue having market-based rate authority, that seller may file a notice of cancellation with the Commission pursuant to section 205 of the FPA to cancel its market-based rate tariff. The Commission orders: (A) Within 15 days of the date of issuance of this order, each public utility listed in the caption of this order shall file with the Commission all delinquent Electric Quarterly Reports. If a public utility subject to this order fails to make the filings required in this order, the Commission will revoke that public utility’s market-based rate authorization and will terminate its electric market-based rate tariff. The Secretary is hereby directed, upon expiration of the filing deadline in this order, to promptly issue a notice, effective on the date of issuance, listing the public utilities whose tariffs have been revoked for failure to comply with the requirements of this order and the Commission’s Electric Quarterly Report filing requirements. (B) The Secretary is hereby directed to publish this order in the Federal Register. By the Commission. Issued: August 24, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–18742 Filed 8–29–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY lotter on DSK11XQN23PROD with NOTICES1 Federal Energy Regulatory Commission [Docket No. IC23–10–000] Commission Information Collection Activities (Ferc-603); Comment Request; Extension Federal Energy Regulatory Commission. AGENCY: VerDate Sep<11>2014 17:31 Aug 29, 2023 Jkt 259001 Notice of information collection and request for comments. ACTION: In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC– 603 (Critical Energy/Electric Infrastructure Information Data Request), which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements. DATES: Comments on the collection of information are due September 29, 2023. ADDRESSES: Send written comments on FERC–603 to OMB through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory Commission Desk Officer. Please identify the OMB control number (1902–0197) in the subject line. Your comments should be sent within 30 days of publication of this notice in the Federal Register. Please submit copies of your comments (identified by Docket No. IC23–10–000) to the Commission as noted below. Electronic filing through https://www.ferc.gov is preferred. • Electronic Filing: Documents must be filed in acceptable native applications and print-to-PDF, but not in scanned or picture format. • For those unable to file electronically, comments may be filed by USPS mail or by hand (including courier) delivery. Æ Mail via U.S. Postal Service Only: Addressed to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. Æ Hand (including courier) delivery: Deliver to: Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. SUMMARY: Instructions OMB submissions must be formatted and filed in accordance with submission guidelines at www.reginfo.gov/public/ do/PRAMain. Using the search function under the ‘‘Currently Under Review field,’’ select Federal Energy Regulatory Commission; click ‘‘submit’’ and select ‘‘comment’’ to the right of the subject collection. FERC submissions must be formatted and filed in accordance with submission guidelines at: https://www.ferc.gov. For user assistance, contact FERC Online Support by email at ferconlinesupport@ ferc.gov, or by phone at: (866) 208–3676 (toll-free). PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 59895 Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at https://www.ferc.gov. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at DataClearance@FERC.gov and telephone at (202) 502–8663. SUPPLEMENTARY INFORMATION: Title: FERC–603, Critical Energy/ Electric Infrastructure Information Data Request. OMB Control No.: 1902–0197. Type of Request: Three-year extension of the FERC–603 information collection requirements with no changes to the current reporting and recordkeeping requirements.1 Abstract: In accordance with section 215A(d) of the Federal Power Act 2 and 18 CFR 388.113, this collection of information provides that persons may seek Critical Energy/Electric Infrastructure Information (CEII). To receive CEII, they must show they have a legitimate need for such information, and they must submit a non-disclosure agreement that decreases the likelihood that such information could be used to plan or execute terrorist attacks. This collection of information provides an alternative to seeking CEII in accordance with the Freedom of Information Act (FOIA).3 That statute requires federal agencies to disclose the requested information unless one or more of several FOIA exemptions justifies withholding of the requested information. In the case of CEII, two FOIA exemptions are likely to apply to CEII,4 and applying one of them frequently results in a decision to withhold the information from the FOIA requester. The Commission realizes that this process could prevent persons with a legitimate need for CEII from obtaining such information. For example, market participants seeking to develop new or expanded energy resources may have such a need. In the aftermath of the September 11, 2001 terrorist attacks, the Commission 1 The CEII request form and five versions of the non-disclosure agreement (General Non-Disclosure Agreement, Media Non-Disclosure Agreement, Federal Agency Acknowledgement and Agreement, State Agency Employee Non-Disclosure Agreement, and Consultant Non-Disclosure Agreement) are posted at https://www.ferc.gov/legal/ceii-foia/ ceii.asp. 2 16 U.S.C. 824o–1(d). 3 5 U.S.C. 552 (2018). 4 The relevant FOIA exemptions are Exemption 3, which allows the withholding of information prohibited from disclosure by another statute and Exemption 7, which protects from disclosure certain law enforcement information, including information the disclosure of which might jeopardize a person’s life or safety. E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59894-59895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18742]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER02-2001-020, ER20-2726-001, ER20-2694-000]


Before Commissioners: Willie L. Phillips, Acting Chairman, James 
P. Danly, Allison Clements, and Mark C. Christie; Electric Quarterly 
Reports; Grand Energy, LLC, Icon Energy LLC; Order on Intent To Revoke 
Market-Based Rate Authority

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 
18 CFR part 35 (2022), require, among other things, that all rates, 
terms, and conditions for jurisdictional services be filed with the 
Commission. In Order No. 2001, the Commission revised its public 
utility filing requirements and established a requirement for public 
utilities, including power marketers, to file Electric Quarterly 
Reports.\1\
---------------------------------------------------------------------------

    \1\ Revised Pub. Util. Filing Requirements, Order No. 2001, 99 
FERC ] 61,107, reh'g denied, Order No. 2001-A, 100 FERC ] 61,074, 
reh'g denied, Order No. 2001-B, 100 FERC ] 61,342, order directing 
filing, Order No. 2001-C, 101 FERC ] 61,314 (2002), order directing 
filing, Order No. 2001-D, 102 FERC ] 61,334, order refining filing 
requirements, Order No. 2001-E, 105 FERC ] 61,352 (2003), order on 
clarification, Order No. 2001-F, 106 FERC ] 61,060 (2004), order 
revising filing requirements, Order No. 2001-G, 120 FERC ] 61,270, 
order on reh'g and clarification, Order No. 2001-H, 121 FERC ] 
61,289 (2007), order revising filing requirements, Order No. 2001-I, 
125 FERC ] 61,003 ] 31,282 (2008). See also Filing Requirements for 
Elec. Util. Serv. Agreements, 155 FERC ] 61,280, order on reh'g and 
clarification, 157 FERC ] 61,180 (2016) (clarifying Electric 
Quarterly Reports reporting requirements and updating Data 
Dictionary).
---------------------------------------------------------------------------

    2. The Commission requires sellers with market-based rate 
authorization to file Electric Quarterly Reports summarizing 
contractual and transaction information related to their market-based 
power sales as a condition for retaining that authorization.\2\ 
Commission staff's review of the Electric Quarterly Reports indicates 
that the following two public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: 
Grand Energy, LLC and Icon Energy LLC. This order notifies these public 
utilities that their market-based rate authorizations will be revoked 
unless they comply with the Commission's requirements within 15 days of 
the date of issuance of this order.
---------------------------------------------------------------------------

    \2\ See Refinements to Policies & Procedures for Mkt.-Based 
Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary 
Servs. by Pub. Utils., Order No. 816, 153 FERC ] 61,065 (2015), 
order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); Mkt.-
Based Rates for Wholesale Sales of Elec. Energy, Capacity & 
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295, 
clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order No. 697-
A, 123 FERC ] 61,055, clarified, 124 FERC ] 61,055, order on reh'g, 
Order No. 697-B, 125 FERC ] 61,326 (2008), order on reh'g, Order No. 
697-C, 127 FERC ] 61,284 (2009), order on reh'g, Order No. 697-D, 
130 FERC ] 61,206 (2010), aff'd sub nom. Mont. Consumer Counsel v. 
FERC, 659 F.3d 910 (9th Cir. 2011).
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    3. In Order No. 2001, the Commission stated that,

    [i]f a public utility fails to file a[n] Electric Quarterly 
Report (without an appropriate request for extension), or fails to 
report an agreement in a report, that public utility may forfeit its 
market-based rate authority and may be required to file a new 
application for market-based rate authority if it wishes to resume 
making sales at market-based rates.\3\
---------------------------------------------------------------------------

    \3\ Order No. 2001, 99 FERC ] 61,107 at P 222.

---------------------------------------------------------------------------
    4. The Commission further stated that,

    [o]nce this rule becomes effective, the requirement to comply 
with this rule will supersede the conditions in public utilities' 
market-based rate authorizations, and failure to comply with the 
requirements of this rule will subject public utilities to the same 
consequences they would face for not satisfying the conditions in 
their rate authorizations, including possible revocation of their 
authority to make wholesale power sales at market-based rates.\4\
---------------------------------------------------------------------------

    \4\ Id. P 223.

    5. Pursuant to these requirements, the Commission has revoked the 
market-based rate tariffs of market-based rate sellers that failed to 
submit their Electric Quarterly Reports.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Electric Quarterly Reps., 82 FR 60,976 (Dec. 26, 
2017); Electric Quarterly Reps., 80 FR 58,243 (Sep. 28, 2015); 
Electric Quarterly Reps., 79 FR 65,651 (Nov. 5, 2014).
---------------------------------------------------------------------------

    6. Sellers must file Electric Quarterly Reports consistent with the 
procedures set forth in Order Nos. 2001, 768,\6\ and 770.\7\ The exact 
filing dates for Electric Quarterly Reports are prescribed in 18 CFR 
35.10b. As noted above, Commission staff's review of the Electric 
Quarterly Reports for the period up to the first quarter of 2023 
identified two public utilities with market-based rate authorization 
that failed to file Electric Quarterly Reports. Commission staff 
contacted or attempted to contact these entities to remind them of 
their regulatory obligations. Despite these reminders, the public 
utilities listed in the caption of this order have not met these 
obligations. Accordingly, this order notifies these public utilities 
that their market-based rate authorizations will be revoked unless they 
comply with the Commission's requirements

[[Page 59895]]

within 15 days of the issuance of this order.
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    \6\ Electricity Mkt. Transparency Provisions of Section 220 of 
the Federal Power Act, Order No. 768, 140 FERC ] 61,232 (2012), 
order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013), order on 
reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
    \7\ Revisions to Elec. Quarterly Rep. Filing Process, Order No. 
770, 141 FERC ] 61,120 (2012).
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    7. In the event that any of the above-captioned market-based rate 
sellers have already filed its Electric Quarterly Reports in compliance 
with the Commission's requirements, its inclusion herein is 
inadvertent. Such market-based rate seller is directed, within 15 days 
of the date of issuance of this order, to make a filing with the 
Commission identifying itself and providing details about its prior 
filings that establish that it complied with the Commission's Electric 
Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers do not 
wish to continue having market-based rate authority, that seller may 
file a notice of cancellation with the Commission pursuant to section 
205 of the FPA to cancel its market-based rate tariff.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each 
public utility listed in the caption of this order shall file with the 
Commission all delinquent Electric Quarterly Reports. If a public 
utility subject to this order fails to make the filings required in 
this order, the Commission will revoke that public utility's market-
based rate authorization and will terminate its electric market-based 
rate tariff. The Secretary is hereby directed, upon expiration of the 
filing deadline in this order, to promptly issue a notice, effective on 
the date of issuance, listing the public utilities whose tariffs have 
been revoked for failure to comply with the requirements of this order 
and the Commission's Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the 
Federal Register.

    By the Commission.

    Issued: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-18742 Filed 8-29-23; 8:45 am]
BILLING CODE 6717-01-P
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